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Reservation of Seats for Women in Legislative Bodies: Perspectives

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Reservation of Seats for Women in Legislative Bodies: Perspectives FOR THE USE OF Not for Publication MEMBERS OF PARLIAMENT OCCASIONAL PAPER SERIES—1/2008 RESERVATION OF SEATS FOR WOMEN IN LEGISLATIVE BODIES: PERSPECTIVES Rajya Sabha Secretariat New Delhi July 2008 CONTENTS PAGE NOS. Preface I Introduction................................................................................................ 1 Indian Perspective ..................................................................................... 1 Constitutional Provisions .......................................................................... 2-3 Representation of Women in Parliament/State Legislatures .................... 3 In Lok Sabha .................................................................................. 3-4 In Rajya Sabha ............................................................................... 5 In State Legislatures ....................................................................... 6-7 Women contestants in General Elections ................................................. 7—9 II Reservation for Women in Local Bodies - Encouraging trends .............. 9-10 Reservation for Women in Lok Sabha/Assemblies - Previous efforts .... 10—12 Reservation for Women in Lok Sabha/Assemblies - Current Initiative..... 12-13 Differing perceptions about the reservation for Women ......................... 13-14 Alternate Proposals ................................................................................... 14-15 III Gender Quotas/Reservations in Legislatures – General Perspectives .... 15-16 What are Quotas? ............................................................................ 16 Types of Quota ................................................................................. 16 Quotas/Reservations: Pros and Cons ....................................................... 17—20 Quotas for Women in legislatures: International scenario ...................... 20-21 Political Parties and Quota ........................................................................ 21-22 Need for stronger quota rules ................................................................... 22—24 Summary ..................................................................................................... 24-25 P R E F A C E This publication titled ‘‘Reservation of Seats for Women in Legislative Bodies: Perspectives’’ is the first in a series of ‘Occasional Papers’ proposed to be brought out on topical issues from time to time for the benefit of the Members of Parliament. It seeks to present varied perspectives on gender quota, integrating different viewpoints on the issue of women’s reservation in legislatures. This paper is based on published sources which have been cited appropriately and the authenticity of the information contained therein vests with the respective sources. It is hoped that Members would find this paper relevant and useful. NEW DELHI V. K. AGNIHOTRI 18th July, 2008 Secretary-General Rajya Sabha Tables & Charts Table 1 : Number of women elected to Lok Sabha Chart 1 : Percentage of elected women in each Lok Sabha Table 2 : Women Members of Rajya Sabha and their percentage (1952-2008) Table 3 : Women Members in Legislative Assemblies and their percentage Table 4 : Gender-wise break-up of contestants to Lok Sabha in General Elections (Sixth to Fourteenth) Chart 4 : Gender-wise break-up of contestants to Lok Sabha in General Elections (Sixth to Fourteenth) Table 5 : No. of Women contestants and Women elected in General Elections Chart 5 : Women contestants and number of Women elected in General Elections Table 6 : Women candidates from National Political Parties Annexure-I : Women in Parliaments of other countries Annexure-II : Countries with Constitutional Quota/Election Law Quota Regulations in their Parliaments I Introduction In the last decade of the twentieth century, the issue of political empowerment of women gained momentum throughout the world. In 1990, the United Nation’s Economic and Social Council endorsed a target of 30 per cent women in decision-making positions in the world by 1995. This target was far from being met by 1995, only 10 per cent of the world’s parliamentarians were women. Today, around 16 per cent of the world’s parliamentarians are women1 , still far from the target of 30 per cent. This figure implies that politics is still predominantly a men’s business, with men making up 84 per cent of parliamentarians. And in India, in the fourteenth Lok Sabha there are only 51 women, constituting 9.51 per cent of the House and in the Rajya Sabha there are only 23 women members constituting 9.50 per cent of the House. Indian Perspective In India, normatively, women have been given an exalted position in society. During ancient times they were treated at par with men even in political and philosophical spheres. However, down the centuries, the position of women in society deteriorated and politically they were pushed to the background. It was only in the twentieth century, particularly during the freedom movement under the charismatic leadership of Mahatma Gandhi, that involvement of women was accepted as the natural course in India. In fact, Gandhiji’s notions and approach towards the role of women in the freedom struggle stood in sharp contrast to the age-old prejudices against them ingrained in the Indian psyche. The social condition of women was quite appalling in those times and it was primarily due to the conscious efforts of the leadership, at the forefront of the freedom struggle, that women fought against the might of the British empire in partnership with men. Gandhiji believed that women have to play a much meaningful role in politics, making it more accountable, transparent and corruption free. Writing in Harijan on 21 April 1946, he emphasized the need to ‘‘enroll women as voters, impart or have imparted to them practical education, teach them to think independently, release them from the chains of caste that bind them so as to bring about a change in them…If they will do this, they will purify the present unclean atmosphere.’’2 He prophetically said, “as long as the women of India do not take part in public life, there can be no salvation for the country.’’3 1 Drude Dahlerup,(edited), ‘Women, Quotas and Politics’, Routledge, 2006, p. 6. 2 “What about Women?” in Collected Works of Mahatma Gandhi, Vol. 90, 25 February- 19 May 1946, p.231. 3 Speech at Women’s Conference, Sojitra, Gujarat in Collected Works of Mahatma Gandhi, Vol.30, 27 December 1924 -21 March 1925, p.108. 2 Our freedom struggle was viewed by the national leaders in a wider perspective of restructuring the socio-economic and future political set up, to provide in it, among other things, equality of both men and women. It is worth mentioning that way back in 1920 Smt. Sarojini Naidu and Ms. Margaret Cousins led a group of women to demand equal rights of representation for the fair sex in the Indian Provincial Legislatures. Lokmanya Bal Gangadhar Tilak was of the view that political action on the part of women could be independent of their social status and that political action was possibly more important than social reform in empowering women. The attitude of our national leaders was evident from the Resolution on Fundamental Rights and Economic Programme which was adopted in 1931 by the Indian National 4 Congress. The Congress declared that it could agree to a Constitution which provided for equal rights and obligations of all citizens, without any bar on account of sex and provided for adult suffrage. Thus, although the British Government turned down the demand for women’s franchise, the Indian National Congress in 1931 adopted a resolution in favour of women’s franchise and representation. In independent India, women have held important political and administrative positions. For instance, Shrimati Indira Gandhi guided the destiny of the country as Prime Minister for more than one and half decades. Women have also served as Governors, Chief Ministers, Ministers in Union and State Governments, Presiding Officers of Legislative Bodies, Judges of the High Courts and Secretaries to the Government of India. Currently, we have a woman as the President of our Republic. Despite the fact that Indian women have held important positions both at the national and international levels, women’s participation in the political arena and in the decision making bodies is not in proportion to their population, except in the local bodies. Their effective participation, even in these bodies, leaves much to be desired.5 Constitutional Provisions Adoption of our Constitution heralded a new era of equality for women of India. It guarantees equal political rights including the right to vote to women. Also, almost all the provisions contained in the UN Convention on the ‘Elimination of All Forms of Discrimination against Women’ are there in the Indian Constitution. Not only does the Constitution guarantee equal political status to women, there is even a scope for ‘positive discrimination’ in their favour as is evident in Article 15(3) of the Constitution. There are many other 4 AICC Resolution on Fundamental Duties and Economic Programme, Bombay, 1931. 5 Yogendra Narain, et al “ Political Empowerment of Women,” Journal of Indian Institute of Public Administration, Vol. LI, Jan-March, 2005. 3 provisions in the Constitution which lay stress on equality between men and women. Article 14 provides for equality before law. Article 39(a), states that the State shall direct its policy towards securing equally to men and women the right to an adequate means
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